United States Second Circuit

Convictions for murder for hire conspiracy and a separate conviction for being a felon in possession of a firearm are vacated in part, affirmed in part, and remanded in part where: 1) the district court's erroneous admission of detective's testimony recounting statement made by an alleged participant in the conspiracy who did not himself testify at trial was not harmless beyond a reasonable doubt; 2) the evidence presented at trial to support the conspiracy conviction, including the improperly admitted statement, was legally sufficient; and 3) the district court did not err with respect to the felon in possession of a firearm count.

Appellate Information

• Decided 12/03/2008
• Published 12/03/2008

Judges

Court

• United States Second Circuit

Counsel